Estate planning: When severance goes wrong

Ten Old Square | Trusts and Estates Law & Tax Journal | March 2021 #221
It is worth paying attention to the formalities. James Poole reports on a case where failure to properly sever a joint tenancy had a profound effect on estate planning and distribution The main question was whether the joint tenancy had indeed been severed, by either the notice, the application or the letter. If so, then …

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Case Update: Assigned but not registered

Howard Kennedy | Property Law Journal | October 2012 #297
A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Rosemary Herbert unravels the issues. ‘The definition of ‘assignment’ for the purposes of the 1995 Act includes equitable assignments, assignments in breach of covenant or by operation of law.’ At the end of July, Arnold J …

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